The Commissioner may require additional capital or surplus of any captive insurance company in an amount he or she deems appropriate under the circumstances based on the captive insurance company’s business plan as described in Code Section 33-41-10. Additional capital or surplus may be required if the captive insurance company’s business plan indicates that an increase is required in order for the captive insurance company to meet its contractual obligations to its policyholders or to maintain its solvency.
History. Code 1981, § 33-41-8 , enacted by Ga. L. 1988, p. 966, § 2; Ga. L. 2015, p. 377, § 1-4/HB 552; Ga. L. 2016, p. 825, § 1/SB 347; Ga. L. 2019, p. 533, § 2-6/HB 99.
The 2019 amendment, effective July 1, 2019, deleted “and” at the end of paragraph (a)(4); substituted “; and” for the period at the end of paragraph (a)(5); added paragraph (a)(6); deleted “paragraph (2) of subsection (a) of” following “described in” near the end of the first sentence of the ending undesignated paragraph of subsection (a); substituted “One or more letters of credit, so long as they are in conformance with” for “Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in” in paragraph (b)(4); in subsection (c), substituted “Each” for “One hundred thousand dollars of the minimum capital or surplus of an” at the beginning, deleted “an” preceding “industrial” in the middle, and substituted “and risk retention group captive insurance company must deposit” for “or a risk retention group captive insurance company must be deposited” near the end.
Structure Georgia Code
Chapter 41 - Captive Insurance Companies
Article 1 - General Provisions
§ 33-41-3. Permissible Business; Limitations
§ 33-41-4. Prerequisites to Transacting Insurance
§ 33-41-7. Directors or Managers
§ 33-41-8. Amount of Capital or Surplus
§ 33-41-10. Application for and Issuance of Certificate of Authority
§ 33-41-11. Refusal, Suspension, or Nonrenewal of Certificate; Expiration, Renewal, Amendment
§ 33-41-16. Examination by Commissioner or Agent; Confidentiality
§ 33-41-19. Rates, Underwriting Rules, and Policy Forms
§ 33-41-20.1. Membership of Captive Insurance Companies in Georgia Insurers Insolvency Pool
§ 33-41-21. Rehabilitation, Reorganization, Conservation, and Liquidation
§ 33-41-23. Certificate of Dormancy
§ 33-41-24. Rule Making Authority
§ 33-41-25. Regulatory Authority
§ 33-41-26. Inconsistent Provisions Not Applicable to Captive Insurance Companies